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Traffic Lawyer in New Jersey Discusses Proposed NJ Law Regarding Headlight Warnings

October 06, 2015

Traffic Lawyer in New Jersey Discusses Proposed NJ Law Regarding Headlight Warnings

Under current law, New Jersey drivers can be charged with a traffic violation for advising another driver of police presence on roadways.   Specifically, if a driver flashes their headlights to signal another motorist of an upcoming speed trap they can be issued a ticket.  A lawmaker in Trenton has recently proposed to amend that law.

In New Jersey, it is technically not illegal to engage in the common practice of warning another driver of a speed trap by flashing your headlights.  Although the Garden State has a law prohibiting the misuse of headlights, an appellate court rendered a decision in 1999 regarding headlights for this specific use.  The N.J. appellate court ruled that the law was not meant to preclude a driver to use their headlights to warn another motorist of a speed trap ahead.

Despite the court’s ruling, law enforcement continues to issue traffic tickets to motorists who engage in this practice, citing the misuse of headlights law.   For this reason, Republican assemblyman Ron Dancer is recommending changes to the law.

Assemblyman Dancer says the practice of notifying a fellow motorist of an unforeseen hazard is a form of free speech which is protected by the First Amendment.  Moreover, the Republican politician argues that motorists engaging in the practice of flashing their headlights to warn others are being proactive and will have a positive effect.  Drivers will decrease their speed as a result of the notification therefore increasing the safety of N.J. roadways.

If the proposed law is passed, the practice would no longer be open to interpretation.  A driver could legally flash their headlights to warn an oncoming driver for a variety of reasons.  These include notifying a driver of an auto accident, poor road conditions or the presence of a law enforcement officer enforcing the speed limit.

South Jersey Traffic Lawyer Michele Finizio Is Knowledgeable About New Laws That Affect NJ Drivers

New Jersey traffic attorney, Michele Finizio, Esq., keeps current with changing laws that affect New Jersey drivers.  Ms. Finizio can answer your questions and provide an aggressive defense in traffic and municipal court. Contact her criminal defense law offices in Moorestown New Jersey today at 856-888-9059 or fill out an online contact form to schedule an appointment.

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